Articles Posted in Workers’ Compensation

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Attorney General Martha Coakley has recently announced that the Boston real estate development and property management company, JM Realty Management, Inc., and President John McGrail, were found guilty of improper removal and disposal of asbestos. The Massachusetts Department of Environmental Protection (MassDEP) witnessed asbestos material at one of their construction sites and employees also complained that the company was working at three different properties containing asbestos in Lynn, Boston, and Worcester, and that the debris was later taken to dumpsters not permitted for the disposal of asbestos waste.

After these complaints to the District Attorney’s Office, an investigation was started by the Massachusetts Environmental Crimes Strike Force (ECSF), a collaboration overseen by the Attorney General, the MassDEP, and the Energy and Environmental Affairs Secretary. A serious violation of the Clean Air Act, asbestos removal and disposal is regulated by the government because breathing in the miniscule fibers can cause potentially fatal health problems and work-related illnesses, such as lung cancer and mesothelioma.

Suffolk Superior Court Judge Regina Quinlan ordered McGrail, age 44, of Boston and JM Realty to collectively pay $200,000 in fines. She also sentenced the defendants to three years probation under the condition that they do not violate federal, state or local environmental laws. The defendants were also ordered to provide all employees with asbestos training and must have an independent auditor to evaluate their environmental actions.

In addition to these environmental charges, the company also faces charges for a lack of proper tax, payroll, and unemployment insurance.

If you or you loved one has suffered from a work illness due to asbestos exposure, you may have grounds for legal action. Contact one of our experienced Boston workers’ compensation lawyers for a free consultation.

Source:

Boston-Based Real Estate Company, President to Pay $200,000 for Illegal Asbestos Removal and Disposal, Office of Attorney General Press Release, March 24, 2011 Continue reading

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A Massachusetts Bay Transportation Authority employee fell down 30 feet into a concrete shaft below the tracks at the Charles/MGH Red Line Station in Boston early this morning. Identified as Edward Rowe, 46, of Haverhill, the employee has worked for MBTA since he was 18 years old.

According to officials, the accident happened around 4:30 a.m. this morning. Rowe, an electrician for MBTA, was shutting off the power to a Red Line rail at the station. He was walking on a plank of plywood that was being used to cover up the deep shaft and subsequently fell through the hole as the plywood gave way. Rowe was stuck for hours before Boston firefighters were able to lift him to the surface around 8 a.m.

A fire department spokesperson, Steve MacDonald, said that, “The only way to get him out was to hoist him straight up…It’s very tough, confined conditions.” Firefighters ended up rigging a pulley system and lowered a firefighter down to where Rowe was trapped so that he could evaluate Rowe and attach him to a safety harness in order to pull him out. After having to adjust the safety harness so that Rowe was not in too much pain, firefighters eventually were able to safely pull him out.

Rowe is now in critical condition at Massachusetts General Hospital where he is reported to have two broken legs. After this early-morning workplace accident, the MBTA General Manager, Richard A. Davey, requested that all plywood used as shaft covers be removed and replaced with metal shaft covers.

If you have been injured at work, our Boston workers’ compensation lawyers can help you explore your legal options with advice and a free consultation.

Source:

Boston firefighters save MBTA worker who fell 30 feet , Boston Globe, March 30, 2011 Continue reading

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After citing a Danvers, Massachusetts, roofing contractor for inadequate guards to protect workers from falling, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has warned all construction employers in Essex and Middlesex counties to take safety precautions against falling hazards. OSHA cited A.C. Castle Construction Co. Inc. of Danvers for potential fall hazards at their residential job site located at 5 Collins Street, in Danvers.

Jeffrey A. Erskine, OSHA’s area director for Essex and Middlesex counties, said, “These citations address basic construction safety hazards that should not have existed in the first place. They should be of vital concern to all employers whose workers labor at heights and near power lines…Employers should take the time to perform a spring tuneup, including reviewing their safety programs, equipment, employee training and applicable OSHA regulations to ensure that their workers are effectively protected against falls and other hazards.”

The company faces almost $61,000 in fines for 21 citations. They were charged with three repeat citations amounting to $15,200 in fines for falling hazards as high as 19 feet, along with the lack of head protection. Eighteen serious citations were issued with $45,600 in fines for numerous additional safety hazards including exposure to electric shock, frayed electrical lines, lack of head, eye, or foot protection, and for the lack of a competent person overseeing the site who should have been able to identify such hazards.

For all construction and roofing contractors, OSHA provides detailed online information on these mandatory and recommended fall hazard safety topics:

•Employers’ mandatory job to provide fall protection •Criteria and practices of fall protection systems
•Training requirements for employers and employees •Determining roof widths •Guardrail systems
•Fall arrest systems and positioning device systems, such as lifelines that should be connected to the body-belt or harness and attached to anchorage

If you have been injured on a construction site due to your employers lack of safety measures, contact one of our experienced Massachusetts workers’ compensation lawyers for advise on your case and a free consultation.

Source:

US Labor Department’s OSHA urges employers to guard against fall hazards after citing employer at Danvers, Mass., jobsite, OSHA Regional News, March 24, 2011 Continue reading

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A company in Lawrence, Massachusetts, C.I.L. Inc., has been cited and charged with $49,289 in proposed fines carry out metal finishing and processes that increase metal corrosion resistance, such as anodizing and hard coat services. The U.S. Department of Labor’s Occupational Safety and Health Administration found that the company had not fixed their prior hazards cited and that workers were exposed to high chances of electrocution or shock.

OSHA first inspected the company’s plant in 2005 and then in 2007 before their most recent inspection in December of 2010. Because the company has a “higher-than-average” injury or illness rate, OSHA inspected this company under their Site-Specific Targeting Program. This program is in place to target and monitor the most dangerous companies based on injury and illness rates, employee days away from work, and transfer rates. OSHA’s most recent inspection of C.I.L. Inc. revealed that the company had not fixed their previous electrocution hazards, such as the use of extension cords in place of what should have been permanent wires. They also cited them for a repeat violation of inadequate air-flow to a paint booth. These repeat violations amounted to $26,950 in fines.

The company’s five new serious violations, amounting to $22,330 in fines, were cited for the following reasons:

• Lack of ventilation in an area where flammable materials were stored • Waste cans and other materials stored too close to paint spray booths • Cleaning hose with dangerous amount of air pressure • Electrical circuits that were not labelled • Unapproved electrical equipment in an area with flammable paints and solvents
OSHA’s Jeffrey Erskine, the Area Director for Essex and Middlesex counties, warned that, “Left uncorrected, these conditions expose employees to the hazards of fire, electrocution and electric shock…It’s imperative that the employer address these issues thoroughly to ensure their correction and prevent them from happening again.”

A repeat violation is given when an employer previously has been cited for the same or a similar violation of a standard within the last five years. A serious citation is given when there is a high chance that injury or death can result from the safety hazard.

If you have been electrocuted or injured in the workplace, our experienced Massachusetts workers’ compensation lawyers can help. Please do not hesitate to contact us.

Source:

US Labor Department’s OSHA proposes more than $49,000 in fines against Lawrence, Mass., metal finishing plant for repeat and serious safety hazards, OSHA Regional News Release, March 24, 2011 Continue reading

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The Occupational Safety and Health Administration has cited PEP Direct LLC, a mailing and printing company based out of Wilton, New Hampshire, with 17 willful and serious citations for violating workplace safety protocol, accompanied by fines of $170,000.

OSHA has cited and fined this company for the following serious safety breaches of workplace safety:

· Three of their four printing presses lacked guarding to protect operators and other workers against being caught or falling into the presses and despite the employer’s knowledge
· Workers were fixing electrical equipment without training, lack of protection equipment, and were fixing live electrical equipment without first turning off the power, all resulting in possible electrocution
· Untrained industrial truck operators
Rosemarie Ohar, OSHA’s New Hampshire Area Director, said that “These conditions, left uncorrected, expose workers to potential death or serious injury from being caught in operating machinery, struck by powered industrial trucks and electrocuted. The employer must comprehensively address all these hazards to eliminate them and keep workers safe…The sizable fines proposed here reflect the breadth and gravity of the hazards found at this plant as well as the employer’s knowledge of and failure to correct some of these conditions.”

Here in Massachusetts, the US Postal Service was charged earlier this year with similar citations and $238,000 in fines for electrical hazards at their Shrewsbury mail processing facility, as previously reported in the Altman & Altman’s Workers’ Compensation Blog.

If you have been injured in the workplace, our experienced lawyers can help. Please do not hesitate to contact us for advice on a workers’ compensation case and a free consultation.

Source:

US Labor Department’s OSHA cites Wilton, NH, direct mail printer and distributor for 17 willful and serious safety violations, OSHA Regional News, March 16, 2011 Continue reading

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Attorney General Martha Coakley’s Office announced last week that an agreement has been reached that will prevent an increase in rates paid by businesses for workers’ compensation insurance in Massachusetts until September of 2012. The Workers’ Compensation Rating and Inspection Bureau of Massachusetts (WCRIBMA), the organization that oversees workers’ compensation rates in Massachusetts, had proposed a 6.6 percent increase in premiums.

Coakley claims that by freezing these rates instead of increasing them, Massachusetts employers will save up to $65 million. Coakley said “The industry’s request to raise rates could not have come at a worse time for small businesses in Massachusetts…We told the industry that we believed the rate was unjustified and that we would litigate to stop it.” Although the agreement still needs approval from state regulators, President of WCRIBMA, Paul Meagher, said “with the economic recovery just beginning to gain traction, the workers’ compensation insurance industry is willing to assist Massachusetts employers by waiting another year before requesting a rate increase.”

These rates for workers’ compensation insurance are negotiated and set approximately every other year in a hearing before the Commissioner of Insurance. Coakley’s office will also be able to review this year’s insurance data before determining whether a further rate freeze will also be necessary in 2012. Businesses in Massachusetts are obligated to purchase workers’ compensation insurance to provide coverage for workers injured on the job and their lost wages.

If you have been injured at work or have a question regarding a workers’ compensation case, our experienced lawyers can help. Please do not hesitate to contact us for a free consultation.

Sources:

Deal will keep Mass. workers comp rates flat, BusinessWeek, The Associated Press, March 2, 2011
Agreement Leaves Massachusetts Workers’ Comp Rates Flat, Insurance Journal, March 2, 2011 Continue reading

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The Philadelphia retail and car service company, Pep Boys, has been charged by the US Labor Department’s OSHA with repeat and serious citations. After an inspection at the company’s Hamden, Connecticut, facility, OSHA found that workers were exposed to numerous work safety hazards, including potential electric shock due to damaged power cords and laceration hazards due to the lack of a safety guard on a grinder. The company was previously charged with similar citations at their Orange facility in Connecticut, and were thus charged with $70,000 for these serious repeat violations. They were also charged with $5,000 for the lack of cover plates on electrical outlets and a snap switch box.

OSHA’s Area Director in Bridgeport, Robert Kowalski, said “The size of these fines reflects the fact that Pep Boys previously was cited for a number of similar hazards at its Orange, Conn., location…It would be to the benefit of its workers’ safety companywide for this employer to determine if similar hazards exist at other stores and to eliminate them if they do.” Here in Massachusetts, Pep Boys has facilities in Everett, Dedham, Salem, Springfield, and West Springfield.

OSHA issues a serious citation when there is a significant probability that death or physical harm could happen from a workplace safety hazard that the employer knew about and/or should have already fixed. OSHA issues a repeat citation when the employer was previously cited for the same or similar violations of workplace safety within the last five years.

If you have been injured at work, feel free to contact one of our experienced lawyers for a free consultation.

Source:

US Labor Department’s OSHA cites Pep Boys for machine guarding and electrical hazards at Hamden, Conn., location, OSHA Regional News Release, March 3, 2011 Continue reading

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Paul Newcomb, a Rutland firefighter, was injured on the job while on ambulance duty. He ruptured a disc in his back when lifting a patient into an ambulance on February 2, 2010, and has since been out of work. After an operation to remove the disc and implant titanium rods in his back, his doctors told him that he could no longer work as a firefighter.

Because he was injured on the job while working on an ambulance, the town of Rutland is trying to switch the cost of his salary from the funds of the town to workers’ compensation insurance by arguing that he was working as a paramedic, not a firefighter. In Rutland, and a few other cities in Massachusetts, firefighters are required to work, without a difference in job titles or pay, as paramedics or emergency medical technicians.

Edward Kelly, Interim President of Professional Firefighters of Massachusetts, said that the Rutland officials are “maliciously interpreting the intent of the law which protects police and firefighters who are injured in the line of duty…And to victimize this firefighter and his family is an insult to the firefighters of Rutland and the people of the town.” Newcomb, who says that he would lose about 40 percent of his income before he eventually retires on disability, said that “Of course, I’m looking out for myself and my family first…But I also have to think about all the other firefighters who could be affected by this.”

The issue remains unresolved despite an executive session meeting between the City of Rutland and Newcomb. About 30 firefighters from Worcester, Shrewsbury, Holden, and Rutland, showed up to support Newcomb. Some of these firefighters voiced their opinions and are worried about how the law can be interpreted to mean that they are not covered if working in an ambulance.

With over 25 years of experience representing workers’ compensation clients who have suffered from injuries on the job, our experienced lawyers can help you. If you have a question in regards to a workers’ compensation case and would like a free consultation, please feel free to contact us.

Source:

Rutland firefighter’s injury case has wide-reaching implications, Telegram & Gazette, February 25, 2011 Continue reading

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It was forty years ago that the Occupational Safety and Health Administration was founded on April 28, 1971. The Occupational Safety and Health Act was signed by President Nixon in December of the previous year, marking a starting point for healthier workplaces and a decrease in workplace deaths and injuries in the United States. The Occupational Safety and Health Act of 1970 requires that employers are responsible for providing a safe and healthy environment for their workers. OSHA’s task is to establish these standards of workplace safety, enforce them, and provide the training and education needed for a safe workplace.

In honor of OSHA’s anniversary and as a commemoration of their progress over the past forty years, the public is invited to visit an online timeline of the organization’s history. Assistant Secretary of Labor for OSHA, Dr. David Michaels, said “We hope you will join us in this anniversary year as we recognize OSHA’s accomplishments and reaffirm our dedication to the agency’s mission,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Help us celebrate four decades of healthier workers, safer workplaces, and a stronger America.”

Here in Massachusetts, workers’ compensation acts and workplace safety standards were established as early 1911. Massachusetts has helped to pave the way for other states to adopt worker compensation laws and safer workplaces.

Throughout the Boston area and greater Massachusetts, our experienced Boston lawyers have represented workers’ compensation clients who have suffered injuries due to workplace hazards. If you have a question in regards to a workers’ compensation case and would like a free consultation, please feel free to contact us.

Sources:

OSHA timeline highlights 40 years of healthier workers, safer workplaces and a stronger America, OSHA Trade News Release, February 24, 2011 Continue reading

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W.R. Grace, the chemical company that is accused of asbestos contamination throughout the United States, will pay over $800,000 and will continue cleaning their nine contaminated sites in Massachusetts. Attorney General Martha Coakley’s Office, who made the claims on behalf of the Massachusetts Department of Environmental Protection (MassDEP), has recently approved the settlement with W.R. Grace. The company will have to pay MassDEP $700,298, including 4.19% interest, and $105,582.97 with 4.19% interest for past clean-up costs.

After hundreds of thousands of lawsuits involving past employees and people living near their plants who were exposed to asbestos, W.R. Grace filed for bankruptcy in 2001. Attorney General Coakley said: “W.R. Grace has the means to pay its environmental liability to the Commonwealth and perform cleanup actions at its contaminated properties…We are gratified that the bankruptcy court agreed it would be wrong to allow Grace to walk away from its responsibilities.”

The nine contaminated sites throughout the state are: the former Zonolite Plant in Easthampton, the Daramic Plant in Acton, the Cambridge Plant in Cambridge, the Knox Trail site in Acton and Concord, a pipeline alongside the Massachusetts Military Reservation in Sandwich, the Acton Superfund site in Acton and Concord, the Wells G&H Superfund site in Woburn, the Blackburn & Union Privileges Superfund site in Walpole, and the Sutton Brook Superfund site in Tewksbury.

Asbestos is a natural mineral fiber that has been commonly used in manufactured products such as building construction materials for insulation and as a fire-retardant. Asbestos is resistance to heat and decay but can eventually break up into microscopic dust fibers that, when inhaled, can remain in the body for years causing numerous lung diseases, cancers, and possibly death.

Workplace exposure of asbestos can be common among people who work in mining industries, and industries that make or use asbestos products on a regular basis. Asbestos exposure at work is most often found in the construction industry (especially when building demolition or renovation jobs are involved), the manufacturing of materials containing asbestos (such as insulation or tiles), and the car repair industry, especially if repairing brakes or clutches.

Our experienced lawyers represent clients throughout Massachusetts who have suffered injuries or illnesses because of unsafe work conditions. If you have a question in regards to a workers’ compensation case and would like a free consultation, please do not hesitate to contact us.

Sources:

AG Coakley’s Office Will Recover Over $800,000 From W.R. Grace in Bankruptcy Proceedings, W.R. Grace Also Commits to Perform Ongoing Cleanup of Contaminated Sites, Office of Attorney General Coakley Press Release, February 15, 2011
Asbestos Information & Resource Guide, Massachusetts Department of Environmental Protection Continue reading

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